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LUJAN v. GARCIA

Nos. 10-55637, 10-55685.

734 F.3d 917 (2013)

Reuben Kenneth LUJAN, Petitioner-Appellee-Cross-Appellant, v. Silvia GARCIA, Warden, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2013.

Attorney(s) appearing for the Case

Keith H. Borjon (argued), Supervising Deputy Attorney General, Kamala D. Harris , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Xiomara Costello , Deputy Attorney General, Los Angeles, CA, for Respondent-Appellant/Cross-Appellee.

Tracy J. Dressner (argued), La Crescenta, CA, for Petitioner-Appellee/Cross-Appellant.

Before: A. WALLACE TASHIMA and JAY S. BYBEE, Circuit Judges, and CATHY ANN BENCIVENGO, District Judge.

OPINION

BENCIVENGO, District Judge:

A California state court jury convicted Petitioner Reuben Kenneth Lujan of two counts of first-degree murder with special findings of using a deadly weapon, lying in wait, and conviction for multiple murders. Evidence supporting the convictions included Mr. Lujan's out-of-court custodial confession and his in-court testimonial confession at trial. The California Court of Appeal found that the custodial confession was obtained...

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